Victim and Witness Support, Rights, and Vulnerable Populations
Victim and Witness Support, Rights, and Vulnerable Populations
This domain tests how agents protect victims and witnesses while pursuing the case. Expect questions on victim rights, sexual assault reporting options, special victims counsel, vulnerable-population interviewing, and the limits of confidentiality.
Victim rights
Article 6b of the UCMJ provides victims the right to reasonable protection, notification of proceedings, attendance, the opportunity to be heard, restitution, and proceedings free from unreasonable delay. DoD 1030.01 and AR 27-10 implement victim and witness assistance. The agent explains rights, provides contact information, and documents referrals.
Sexual assault response
Restricted reporting allows a victim to receive medical care, advocacy, and counseling without command or law enforcement notification. Unrestricted reporting triggers investigation and command notification. A victim who reports to a SARC, victim advocate, or healthcare provider may choose restricted reporting, subject to exceptions such as independent evidence, imminent danger, or the victim's consent. Special victims counsel provide legal representation to victims.
Vulnerable populations
Juveniles, persons with mental or physical disabilities, elderly victims, limited-English-proficient persons, and trafficking victims require accommodations. Use qualified interpreters, plain language, and a child forensic interview specialist for children. Mandated reporting laws and command policies may require notification. MRE 514 protects victim-advocate communications; MRE 412 limits evidence of a victim's sexual history.
Worked example
A soldier reports a sexual assault to a victim advocate and requests restricted reporting. The agent explains that medical care and advocacy are available without command notification, but that independent evidence or an imminent threat may require unrestricted action. The agent does not promise absolute confidentiality and does not pressure the victim to choose.
Traps that cost marks
Promising confidentiality. Confusing restricted and unrestricted reporting. Interviewing a child without a specialist. Using a family member as an interpreter. Ignoring victim rights at the Article 32 stage. Treating a victim's delay in reporting as proof of consent.